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27/03/2013 2013/428 "EMIR: A Fair Price for Safety and Transparency"- speech by Steven Maijoor, ESMA Chair, at the EMIR conference in the Hague Speech PDF
113.31 KB
27/03/2013 2013/428 EMIR: A Fair Price for Safety and Transparency , Speech PDF
113.31 KB

EMIR: A Fair Price for Safety and Transparency - speech by Steven Maijoor, ESMA Chair, at the EMIR conference in the Hague

01/04/2014 2014/336 Trade Repository Supervision Work Plan 2014 Reference PDF
111.34 KB

The European Securities and Markets Authority (ESMA) is publishing a summary of its 2014 supervisory work plan in relation to trade repositories (TRs) with the aim of enhancing the transparency of its actions regarding TRs in the European Union. TRs centrally collect and maintain the records of derivative trades and play a central role in enhancing the transparency of derivative markets and reducing risks to financial stability. In November 2013, ESMA registered six TRs. The obligation for counterparties to report their derivative trades to registered TRs began on 12 February 2014. Under Titles VI and VII of Regulation EU 648/2012 (EMIR), the direct supervision of TRs has been entrusted to ESMA, who has started to supervise the six registered TRs. Supervision of TRs by ESMA is crucial to ensuring that TRs comply on an on-going basis with all EMIR requirements, thereby enabling regulators to access data and details of derivative contracts in order for them to fulfil their respective mandates.

22/05/2015 2015/881 Feedback statement on the discussion paper on the impact of EMIR on the calculation of counterparty risk for OTC financial derivative transactions by UCITS Reference PDF
57.91 KB
09/06/2015 2015/921 Keynote speech at IDX 2015 Speech PDF
234.3 KB
Rule-making and Implementation – EMIR and MiFID IIESMA is dealing with the two main European legislative projects affecting derivatives regulation – EMIR and MiFID II – for a number of years now. While EMIR has already entered the review stage, MiFID II still has 1.5 years to go before it applies in practice and during which ESMA will have to finalise its legislative implementing measures and work towards practical implementation along with the European national supervisors.  These two projects show the different phases of ESMA regulatory work and I will talk about aspects of both of them today.     For EMIR, ESMA is very much in the implementation stage.  The initial work on technical standards has been completed and we are now working to ensure stringent implementation of the legislation.  For example, we are working on the review of reporting to Trade Repositories building on the experience of the start of TR reporting in February 2014.  We expect to submit draft technical standards to the European Commission after this summer. The revised ESMA standards should become applicable in the second half of 2016.  I will elaborate on this a bit later. In addition, under EMIR, ESMA continues working on the clearing obligation for derivatives and again I will say a bit more about the current work on this implementation topic a little later on. At the same time, EMIR is already undergoing a review.  Like for most legislative measures, a review clause was included in EMIR and the Commission has launched a public consultation recently.  ESMA will be actively contributing to the review, building on its experience in implementing EMIR. For MiFID II, the decisive date for application remains 3 January 2017.  ESMA is therefore very much still in the rule-making stage with regards to this project.  The initial date for ESMA to deliver its main set of technical standards to the European Commission is 3 July 2015. While ESMA is in full flow trying to finalise its package of standards, the timetable has recently been slightly amended due to ESMA and the European Commission agreeing on an early legal review. Under the European set of rules, any technical standard proposed by ESMA has to be adopted by the European Commission and one prerequisite for such adoption is the standard passing the review by the Commission Legal Services. Given that MiFID II is of a size unprecedented in terms of number and volume of technical standards, ESMA and the European Commission considered it important for the standards to be legally reviewed before final and formal submission of draft standards from ESMA to the European Commission. That way, the risk of having potentially a number of standards rejected for legal drafting reasons which would render the subsequent implementation timetable for MiFID II unworkable should be diminished.The early legal review will take place over the course of the summer and ESMA expects to submit its draft technical standards for formal adoption by the European Commission at the end of September 2015. At that point in time there will be clarity for stakeholders as to the exact content of ESMA’s proposals relevant for the regulation of derivatives trading.
30/09/2016 2016/1409 Reply Form to CP on Draft RTS and ITS under SFTR and amendments to related EMIR RTS Reference DOCX
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15/12/2016 2016/1661 RF Reply Form to CP- Draft technical standards on data to be made publicly available by TRs under Article 81 of EMIR Reference DOCX
758.01 KB
19/12/2016 2016/1672 reply form Reply Form to Technical Advice on fees for TRs under SFTR and on certain amendments of for fees under EMIR Reference DOCX
756.89 KB
04/11/2015 EMIR VT EMIR validation table Reference XLSX
26.48 KB
03/04/2017 ESMA70-145-63 Validation table for reporting under the revised technical standards Reference XLSX
57.77 KB
12/11/2019 ESMA70-148-523 List of Central Counterparties authorised to offer services and activities in the Union Reference PDF
352.96 KB
22/08/2018 ESMA70-151-1693 Response form CP on the Clearing Obligation under EMIR (no. 6) Reference DOCX
769.06 KB
29/05/2019 ESMA70-151-2383 Response form- CP on EMIR_2_2_CCP fees Reference DOCX
752.36 KB
17/11/2017 ESMA70-151-819a Response form EMIR consultation on position calculations Reference DOCX
771.37 KB
26/07/2019 ESMA70-152-348 List of third-country CCPs recognised to offer services and activities in the Union Reference PDF
216.9 KB
04/10/2019 ESMA70-156-1759 Response Form- Alignment of MiFIR with the changes introduced by EMIR Refit , Reference DOCX
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11/12/2018 ESMA70-708036281-176 Public Register for the Clearing Obligation under EMIR Reference PDF
539.99 KB
05/01/2017 ESMA71-1154262120-155 Methodology for Mandatory Peer Reviews in relation to CCPs’ authorisation and supervision under EMIR , Reference PDF
334.98 KB
11/04/2019 ESMA80-196-2575 Guidance on EMIR and SFT TR registration Reference PDF
143.78 KB
22/07/2016 ETCM Third-country markets considered as equivalent to a regulated market under EMIR Reference PDF
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